JUDGMENT

Derbyshire, C.J. - This is an appeal by one Haripada Dalai against his conviction and sentence in respect of an offence u/s 366, I. PC., that is to say, abduction. The trial was before the Additional Sessions Judge of Khulna with a jury. The facts alleged by the prosecution are these: Abala Dasi is a married girl. She did not live with her husband at her father-in-law's house but lived with her own mother where it is said her husband visited her from time to time. She is described as a beautiful girl. On the evening of 23rd April 1937, it is said that she went out on to the verandah of the house where she was living with her mother for the purpose of relieving nature. Whilst she was there she was seized by three men Haripada the appellant, Sashi and Kangla. She was taken into a jungle not far away and kept there a matter of two days where she was ravished by Kangla and also by Naren and Panchu who came from time to time. After two or three days she was taken by Panchu and Naren from this place in the jungle to a place called Bhara Simla and left near the edge of a tank. She recognized her whereabouts but did not go home. She went to the house of one Purna where she stayed o